278 SCRA 27 (1997) Salvacion v.

Central Bank,

FACTS: -Greg Bartelli, an American tourist coaxed and lured Karen Salvacion, 12 years old to go with him to his apartment and raped her there for several times. -However, Bartelli was able to escape from jail and avoid punishment. -The criminal cases were archived pending the arrest of Bartelli. -On the other hand, Karen received a favorable judgment in the civil case for damage -After the decision of the trial court become final, Karen tried to execute on Bartellis dollar account with China Banking Corporation. -Accordingly, the sheriff served a Notice of Garnishment on China Banking. -China Banking invoked Section 113 of CB Circular 960 to the effect that the dollar deposits of Bartelli are exempt from attachment, garnishment, or any other order or process of any court, legislative body, government agency or any administrative body whatsoever. -Upon inquiry with CB on whether Sec 113 of CB Circular 960 has any exception, CB responded that the provision is ABSOLUTE, the purpose being to encourage dollar accounts within the countrys banking system which would help in the development of the economy and that there is no intention to render futile the basic rights of a person, but it is the law though the law maybe harsh as some perceive it. Compliance is still enjoined. -Hence, this petition for declaratory relief. ISSUE: -Whether or not the peculiar circumstances of the case warrants the execution on the foreign currency account despite the exemption from court processes under RA 6426. HELD: -The provisions of Sec 113 of CB circular 960 and PD 1246, in so far as it amends Section 8 of RA 6426 are inapplicable to this case because of its peculiar circumstances. CBC is required to comply with the writ of execution and release to Karen the dollar deposit of Bartelli in such amount would satisfy the judgment.

-Provisions of The application of the law depend on the extent of its justice. Eventually, if we rule that the questioned Section 113 of Central Bank Circular No. 960 which exempts from attachment, garnishment, or any other order or process of any court. Legislative body, government agency or any administrative body whatsoever, is applicable to a foreign transient, injustice would result especially to a citizen aggrieved by a foreign guest like accused Greg Bartelli. This would negate Article 10 of the New Civil Code which provides that in case of doubt in the interpretation or application of laws, i t is presumed that the lawmaking body intended right and justice to prevail. tortizerzmente con damo de otro. Ninguno non deue enriquecerse

Simply stated, when the statute is silent or ambiguous, this is one of those

fundamental solutions that would respond to the vehement urge of conscience. -It is worth mentioning that R.A. No. 6426 was enacted in 1983 or at a time when the countrys econo my was in a shambles; when foreign investments were minimal and presumably, this was the reason why said statute was enacted. But the realities of the present times show that the country has recovered economically; and even if not, the questioned law still denies those entitled to due process of law for being unreasonable and oppressive. The intention of the

questioned law may be good when enacted. The law failed to anticipate the inquitous effects producing outright injustice and inequality such as as the case before us. -It would be unthinkable, that the questioned Section 113 of Central Bank No. 960 would be used as a device by accused Greg Bartelli for wrongdoing, and in so doing, acquitting the guilty at the expense of the innocent. -Call it what it may but is there no conflict of legal policy here? Dollar against Peso? Upholding the final and executory judgment of the lower court against the Central Bank Circular protecting the foreign depositor? Shielding or protecting the dollar deposit of a transient alien depositor against injustice to a national and victim of a crime? This situation calls for fairness against legal tyranny.